No charges will be filed in the death of a man who was shot in his car Tuesday outside Sunset Grill on U.S. 29, Anderson County Sheriff Chad McBride said Friday.
Antwan Evans, 32, who lived in Atlanta and had family in Albany, Georgia, had driven two hours to Anderson to meet with the woman who was in the car with him, according to Deputy Coroner Don McCown. McCown said Evans and the woman, whose identity has not been disclosed by investigators, had previously been in a relationship. She is an employee of the Independent Mail.
Evans and the woman were supposed to be going to breakfast to talk when things went sour, investigators said. Evans and the woman got into a disagreement over several things, one of which was that Evans wanted to see her phone and to know who she had been talking to, McBride said.
“He pulled a gun on her inside the car,” McBride said in an interview Friday. “She had a split second to grab it and fight for her life. A struggle ensued, and he was shot.”
Evans was shot in the chest.
When deputies arrived, he was dead in the driver’s seat of a red Camaro.
McBride said the woman acted in self-defense.
“She did what she had to do to survive,” he said. “She survived to tell her story, and her story adds up.”
The gunfight happened in the early morning hours of 17 August 2018. The location was 867 Bootlegger Lane in Yoakum, Texas. Yoakum is a small town in Texas, about halfway between San Antonio and Houston.
There was “bad blood” between Dakota Wayne Kirkman, 19, and Manuel Martinez III, 36. The men lived about 22 miles apart. Yoakum is in DeWitt County, Texas. Kirkman and his girlfriend lived in Hallettsville in Lavaca County, Texas.
Dakota did not want his live-in girlfriend to hang around Martinez and his wife. His girlfriend, Martinez, and Martinez’ wife were at Martinez’ house when Kirkman came to bring his girlfriend home. Kirkman arrived in his truck. He had a singleshot .22 rifle and one cartridge, loaded in the chamber.
Kirkman and Martinez got into a verbal altercation. The Sheriff reported that alcohol was involved.
The altercation escalated into a gunfight. Cartridge cases found at the scene indicated that Martinez fired 15 shots from an AR15 type rifle and 12 shots from a .40 caliber pistol.
Most of the action seems to have happened while Kirkman was in or around his truck. 13 bullet holes were found in the truck. 11 of the bullet holes were from .223 cartridges. Two of the bullet holes were from a .40 caliber pistol.
Kirkman is recorded as firing one shot from his single shot .22 caliber rifle. The shot struck Martinez in the chest, killing him.
When law enforcement made it to the location, a man was found lying in the front yard with an apparent gunshot wound. The initial investigation indicated an ongoing tension between the deceased and the alleged shooter. The murder weapon was a .22 rifle.
DeWitt County Justice of the Peace, Pct. 1, Peggy Mayer was called at 3:08 a.m. and later announced Martinez dead at the scene.
“This is a tragic loss of life, and our hearts go out to Martinez’s family,” DeWitt County Sheriff Carl Bowen said in a press release.
According to Bowen, there was an altercation and an exchange of gunfire between two men. Kirkman left the location on Bootlegger Lane with his girlfriend and ended up at their home at 32 Private Road 4006 in Hallettsville.
Kirkman was taken into custody without incident.
Dakota Kirkman was held at the DeWitt County jail for 55 days. Bail was set at $500,000.
On October 11, 2018, the grand jury found Kirkman to have been justified by reason of self-defense. From victoriaadvocate.com:
Investigators documented 11 bullet holes made by a .223-caliber rifle and two from a .40-caliber pistol. An AR-15 and .40-caliber pistol were found near Martinez’s body along with 15 rifle and 12 pistol casings. One of the bullets passed through the truck’s frame near the driver’s seat belt fastener, said Lassmann, who added if Kirkman had not been crouching in his seat, he likely would have been shot.
“(Kirkman) must have been scared to death,” Lassmann said.
The number of bullets fired by Martinez stood in stark contrast to the single, fatal shot from Kirkman’s antique, bolt-action .22-caliber rifle. Additionally, evidence showed Kirkman went to the home on Bootlegger Lane with only a single round chambered in his rifle and no other ammo in his vehicle.
That contrast further emphasized the likelihood that Kirkman acted in self-defense, Lassmann said.
Investigators documented 11 bullet holes made by a .223-caliber rifle and two from a .40-caliber pistol. An AR-15 and .40-caliber pistol were found near Martinez’s body along with 15 rifle and 12 pistol casings.
“One shot, one kill” by the often underestimated good old .22 cal.
Comm Center Rat
6 years ago
Kudos to Dakota “One Shot” Kirkman on his .22 caliber masterpiece of marksmanship. What a shame the young man had to spend 55 days in the county jail while awaiting the grand jury’s ruling. Unsurprisingly, police report alcohol played a role in the altercation preceding the shooting on Bootlegger Lane.
^This^ Curious about 55 days myself. Shocked face over alcohol being involved. Kudos also to the SC Lady who defended herself from the dirt bag. Wasn’t there and article didn’t say, but if she hadn’t turned his weapon away from her toward him, that bullet may had have hit her. Also if she was originally a gf in Albany, went to ATL, he followed, she went to SC, he followed, maybe she had been trying to distance herself any way she could? Curious. Ladies be careful who you go out with. Not all of the good men are married, dead, or gay. Keep looking.
Lassmann said his office prepared indictments for both manslaughter, a second-degree felony, and murder, a first-degree felony. Grand jurors were free to pick an appropriate charge – or clear the man completely.
“It’s their call. It’s their choice,” he said.
Ultimately, they chose the latter.
“I think they made the right decision,” the district attorney said.
How long does it take to prepare three indictments in a local district attorney’s office? Since they had to call out the DeWitt County Justice of the Peace to act as the coroner – declare Martinez “dead at the scene.” I would make the assumption the DA was overwhelmed, well maybe; he could have used his authority to declare the shooting self-defense and not bothered calling up a grand jury to make the decision for him.
It shouldn’t have happened at all. The facts regarding the event presented to the grand jury are the facts that were established by police. One round in a .22 vs. more than a dozen fired by the dead guy. Let’s see. Could it have been that the guy with the .22 fired his single round, stuck the guy in the chest, and the guy who was DRT was resurrected in order to return fire from multiple firearms before returning to the dead? Crazy shit.
Yeah my idea too. Unless there was something else going on or maybe some kinda , I don’t know, Hispanic shot by white dude, (?). Way I read it, and looking at truck & other evidence, the popo shoulda just give old homeboy a ride home, after he sobered up. But then again, they weren’t clear on where the involved alcohol was. Boy musta had some Davy Crockett in him.
Tallywhagger
6 years ago
Dakota needs to find a better girlfriend.
Ex-PH2
6 years ago
In these episodes of misunderstandings between (alleged) adults and the outcomes, I was wondering if we could include such things as Bootlegger Lane and Yoakum (TX) in the Name Scrabble game? Just for S’s and G’s, that’s all. Sometimes, the place names are more colorful than the humans’ names.
Also, I’d like it better if some of these women would learn to own guns as a means of self-defense.
Good training is all well and good, but using the bad guy’s own gun to kill him when he’s trying to use it on you has to count for something, PH! In a vehicle, which makes defensive movement all that more difficult.
Not arguing that point at all, OWB. But we keep seeing these stories about women who take up with men of questionable character, which does not show itself until the “relationship” deteriorates into a battleground.
That isn’t something new, but it’s still disturbing. Are they missing something that would otherwise send them in the opposite direction, to find someone more wholesome? I don’t know.
I am glad that the young woman had enough sense of self to turn the bad guy’s gun on him.
The TAH Name Scrabble (Home Version)™® Whiz Wheel spins and the results are:
Manuel Martinez III (DRT due to SIBLDAM*) 45×6=270
And as per the S’s and G’s request:
Bootlegger Lane – 18
Yoakum, Texas – 27
* Self Inflicted Bernathian Level Dumb Ass Move
Deplorable B Woodman
6 years ago
Nothin’ says lovin’ like stalkin’ and attempted kidnappin’ in South Carolina.
Cthulhu
6 years ago
Here is another “feel good” story for you all; Brazil just elected a far right candidate Jair Bolsonaro. He ran on a right wing nationalist/populist platform that promises to “cleanse” the country of his political opponents and leftists and to return Brazil to the make Brazil great again era of the 1970s and 80s.
So the right is “winning” again. I am sure you all are very pleased.
To be honest, I don’t a flying fuck what they do in Brazil. If things don’t workout the way they planned then maybe they could get Governor Scott Walker to explain how to fix it.
Bolsonaro had to stop campaigning b/c someone you must envy stabbed him in the belly in September and nearly killed him. His promise to rid the country of corrupt politicians must really hurt you, too. It’s good to see the Trump model succeeding elsewhere. So, speaking for myself, yes I am pleased that he won and that the Workers’ Party candidate lost. Thanks for the update.
More good news for you, Miss. President Trump sent congratulations to Brazil’s newly elected conservative president and Germany’s Merkel, President Red Line’s buddy, just got pummeled in elections there.
Damn man, it’s you again. You’re off topic/wrong thread but, hell, I’m a little bored so I’ll chew for awhile. Maybe eventually, your reading, listening, comprehension skills will catch up. You really, really, really need to read up on the TAH FAQs. It may help you out. This site is NOT a bunch of right wing attention whores. Nor is it a bunch of left wing socialist attention whores. Neither is it an echo chamber wanna be. We have this whole band of Brothers and Sisters thing going on. We are pretty much middle of the road, fiercely patriotic, loyal Americans who are tired of seeing our country being disrespected and driven further down. We’re also damn tired of seeing our tax dollars being pissed away on a regular basis. We pretty much agree that everyone has the rights given to us in the Constitution. What happens in another country’s politics so long as American Boys and Girls don’t have to shed their blood and the National Treasury there is not our concern. Who knows what would have happened if all of these shit hole 3rd world Central and South American countries had of adopted a Constitution like ours. Maybe they wouldn’t be 3rd world shit hole places. Have a nice night. Clean up chew toy on aisle 1.
I don’t give a bunch of shits what Brazil does, but since what happened obviously pisses you off, I’m thinking it’s a good thing. How about trying to follow the topic, dimwit.
JimmyB
6 years ago
“Cunthulu” now that’s funny right there!
Docduracoat
6 years ago
Why do the media all call Bolsonaro “far right wing”?
He is for family values, self reliance, and self defense.
For hard work and against corruption.
Those seem like good old American values to me.
I guess if you are against gay marriage then you are far right wing.
One shot, one kill versus spray and pray.
“One shot, one kill” by the often underestimated good old .22 cal.
Kudos to Dakota “One Shot” Kirkman on his .22 caliber masterpiece of marksmanship. What a shame the young man had to spend 55 days in the county jail while awaiting the grand jury’s ruling. Unsurprisingly, police report alcohol played a role in the altercation preceding the shooting on Bootlegger Lane.
^This^ Curious about 55 days myself. Shocked face over alcohol being involved. Kudos also to the SC Lady who defended herself from the dirt bag. Wasn’t there and article didn’t say, but if she hadn’t turned his weapon away from her toward him, that bullet may had have hit her. Also if she was originally a gf in Albany, went to ATL, he followed, she went to SC, he followed, maybe she had been trying to distance herself any way she could? Curious. Ladies be careful who you go out with. Not all of the good men are married, dead, or gay. Keep looking.
At the link:
Lassmann said his office prepared indictments for both manslaughter, a second-degree felony, and murder, a first-degree felony. Grand jurors were free to pick an appropriate charge – or clear the man completely.
“It’s their call. It’s their choice,” he said.
Ultimately, they chose the latter.
“I think they made the right decision,” the district attorney said.
How long does it take to prepare three indictments in a local district attorney’s office? Since they had to call out the DeWitt County Justice of the Peace to act as the coroner – declare Martinez “dead at the scene.” I would make the assumption the DA was overwhelmed, well maybe; he could have used his authority to declare the shooting self-defense and not bothered calling up a grand jury to make the decision for him.
It shouldn’t have happened at all. The facts regarding the event presented to the grand jury are the facts that were established by police. One round in a .22 vs. more than a dozen fired by the dead guy. Let’s see. Could it have been that the guy with the .22 fired his single round, stuck the guy in the chest, and the guy who was DRT was resurrected in order to return fire from multiple firearms before returning to the dead? Crazy shit.
Yeah my idea too. Unless there was something else going on or maybe some kinda , I don’t know, Hispanic shot by white dude, (?). Way I read it, and looking at truck & other evidence, the popo shoulda just give old homeboy a ride home, after he sobered up. But then again, they weren’t clear on where the involved alcohol was. Boy musta had some Davy Crockett in him.
Dakota needs to find a better girlfriend.
In these episodes of misunderstandings between (alleged) adults and the outcomes, I was wondering if we could include such things as Bootlegger Lane and Yoakum (TX) in the Name Scrabble game? Just for S’s and G’s, that’s all. Sometimes, the place names are more colorful than the humans’ names.
Also, I’d like it better if some of these women would learn to own guns as a means of self-defense.
Good training is all well and good, but using the bad guy’s own gun to kill him when he’s trying to use it on you has to count for something, PH! In a vehicle, which makes defensive movement all that more difficult.
Not arguing that point at all, OWB. But we keep seeing these stories about women who take up with men of questionable character, which does not show itself until the “relationship” deteriorates into a battleground.
That isn’t something new, but it’s still disturbing. Are they missing something that would otherwise send them in the opposite direction, to find someone more wholesome? I don’t know.
I am glad that the young woman had enough sense of self to turn the bad guy’s gun on him.
The TAH Name Scrabble (Home Version)™® Whiz Wheel spins and the results are:
Manuel Martinez III (DRT due to SIBLDAM*) 45×6=270
And as per the S’s and G’s request:
Bootlegger Lane – 18
Yoakum, Texas – 27
* Self Inflicted Bernathian Level Dumb Ass Move
Nothin’ says lovin’ like stalkin’ and attempted kidnappin’ in South Carolina.
Here is another “feel good” story for you all; Brazil just elected a far right candidate Jair Bolsonaro. He ran on a right wing nationalist/populist platform that promises to “cleanse” the country of his political opponents and leftists and to return Brazil to the make Brazil great again era of the 1970s and 80s.
So the right is “winning” again. I am sure you all are very pleased.
To be honest, I don’t a flying fuck what they do in Brazil. If things don’t workout the way they planned then maybe they could get Governor Scott Walker to explain how to fix it.
Bolsonaro had to stop campaigning b/c someone you must envy stabbed him in the belly in September and nearly killed him. His promise to rid the country of corrupt politicians must really hurt you, too. It’s good to see the Trump model succeeding elsewhere. So, speaking for myself, yes I am pleased that he won and that the Workers’ Party candidate lost. Thanks for the update.
Oh, and don’t fail to check out the retorts to your comments regarding the Euro Ct of Human Rights. You got your ass kicked again, Cunthulu.
More good news for you, Miss. President Trump sent congratulations to Brazil’s newly elected conservative president and Germany’s Merkel, President Red Line’s buddy, just got pummeled in elections there.
Damn man, it’s you again. You’re off topic/wrong thread but, hell, I’m a little bored so I’ll chew for awhile. Maybe eventually, your reading, listening, comprehension skills will catch up. You really, really, really need to read up on the TAH FAQs. It may help you out. This site is NOT a bunch of right wing attention whores. Nor is it a bunch of left wing socialist attention whores. Neither is it an echo chamber wanna be. We have this whole band of Brothers and Sisters thing going on. We are pretty much middle of the road, fiercely patriotic, loyal Americans who are tired of seeing our country being disrespected and driven further down. We’re also damn tired of seeing our tax dollars being pissed away on a regular basis. We pretty much agree that everyone has the rights given to us in the Constitution. What happens in another country’s politics so long as American Boys and Girls don’t have to shed their blood and the National Treasury there is not our concern. Who knows what would have happened if all of these shit hole 3rd world Central and South American countries had of adopted a Constitution like ours. Maybe they wouldn’t be 3rd world shit hole places. Have a nice night. Clean up chew toy on aisle 1.
Amen.
I don’t give a bunch of shits what Brazil does, but since what happened obviously pisses you off, I’m thinking it’s a good thing. How about trying to follow the topic, dimwit.
“Cunthulu” now that’s funny right there!
Why do the media all call Bolsonaro “far right wing”?
He is for family values, self reliance, and self defense.
For hard work and against corruption.
Those seem like good old American values to me.
I guess if you are against gay marriage then you are far right wing.